Terms & Conditions of Service
For: DJ, Full Karaoke Only, Full Karaoke & DJ, Corporate Karaoke & DJ, Professional Karaoke & DJ Packages
The lessor is PM Audio Visual CC t/a Partymix Karaoke.
The hirer is as described on the face of this agreement and is referred to as “The Client”. The service provider is PM Audio Visual is described as Partymix. The client certifies that all the personal details supplied are true and correct.
2 This contract reflects the agreement. It shall include any terms agreed prior to its issue. It shall be deemed un-accepted unless the booking form and retainer reservation fee is received by Partymix within 7 days of the issuing date. No alterations may be made to this contract by the client without prior approval or written consent from Partymix. By completing and sending this booking form, you agree that you are making a confirmed booking and entering into a contract which carries your acceptance in full, and of the booking terms.
3 Partymix will make every effort to play all requests but cannot be held responsible if specific selections are not available. Partymix is not responsible for the purchase of songs not contained in the music library. The selection of equipment to be used at the event is left to the discretion of Partymix, and is based upon the size and conditions of the event location.
4 Deposit fee: you agree to our deposit fee which is payable in advance to secure entertainment. The deposit fee is 50% of the quoted amount and is deducted from the price quoted.
4.1 The Deposit fee is Non Refundable should the client cancel their booking.
4.2 Should The Client like to change a booking date, this will take place as a cancellation and a re-booking will be made, which will be subject to availability. Should a date not be available then this will count as a cancellation and clause 4 will apply.
4.3 Overtime Charge: Any extension to the agreed timescale will be charged in addition to the booking fee per hour (or part hour), thereafter.
5 The Client shall have the right to cancel the booking by serving upon Partymix in writing. The deposit fee will be lost in the event of a cancellation is made by the client. In the event of the client wishing to cancel this contract agreement for any reason then advance reservation payment will be forfeited.
6 In the unlikely event that Partymix is unable to attend personally due to accident or sudden illness, Partymix shall endeavour to provide a suitable substitute offering a similar service at no additional charge to the client. This does not apply in circumstances detailed below.
6.1 Force Majeure – Partymix will not be liable for failing to attend a booking, where the reason for non-attendance or late arrival is caused by adverse weather conditions (including Snow & Flooding), road closure, road traffic accident, vehicle breakdown, fuel shortages, acts of terrorism, industrial action, earth quakes or other unavoidable circumstances deemed beyond our control.
7 The Client will appreciate that suitable time for venue access, safe installation and dismantling and safe removal of equipment from venue is required in addition to performance time. Therefore, the client and venue will allow suitable time for the installation and dismantling and removal of disco equipment (up to 60 minutes each side of the booking times). Where appropriate, the client will also inform the venue, in advance, of setup and sound requirements. Please note: Partymix shall not be liable for any additional charges levied to the client by the venue in relation to equipment assembly / removal timescales.
7.1 Performance time and ‘over time’ is restricted to a maximum of ten hours in a 24 hour period. Unless already agreed at the time of booking.
7.2 Should the venue be located out of Gauteng then the client will be required to provide overnight accommodation for Partymix after the event has taken place.
8 The Client will ensure that safe and adequate power is available for the Partymix sound equipment. A standard South African power standards wall outlet is adequate (usually 220V and 13A)
8.1 The Client will inform Partymix prior to performance date confirmation of venue sound limiter installation. Please note: Partymix reserve the right to decline entertainment at venues with sound limiter installed. A sound limiter is a device that will cut power to our system once a certain volume is reached, this can cause undesired damage to our sound equipment.
8.2 The Client agrees to arrange a table (size 2m x 1m long or anything similar) including a table cloth and chair which Partymix will use to setup their sound equipment on. This table will only be used by Partymix and not for other entertainers.
9 The Client agrees to provide adequate supervision of guests and will ensure that venue management adequately supervises customers and or staff on site premises. Please note: Where the function may include guests under the age of 16 years, the client, (or parent) is responsible for the behaviour and safety of any minors attending the venue. The client will provide and maintain adequate adult supervision at all times. Partymix Mobile Disco will not be liable for the supervision of minors.
9.1 Unwarranted Abuse or threatening behaviour from The Clients guests or venue management or venue staff will not be tolerated and will result in the performance being terminated with no loss to Partymix.
9.2 The client agrees that compensation for any loss of or damage to Partymix equipment, vehicle(s) or personal belongings caused by The Clients guests, venue, customers and or venue staff may be sought including any additional costs.
10 The Client agrees that the confirmed entertainment start and finish times as specified in the contract are accurate and correct. Any extension beyond the confirmed finish time is at the discretion of Partymix and the management of the venue. See 3.1 for ‘Overtime Charge’.
11 Partymix will accept music lists and requests in advance of functions and will endeavour to play a reasonable number of the clients’ chosen requests, provided such requests are submitted in writing before the event. The client also agrees that Partymix cannot guarantee the inclusion of any difficult to source, obsolete or deleted titles either requested at the event or previously notified.
12 Where the client requests that Partymix set up DJ equipment at an earlier time prior to the actual start of the function, the client acknowledges that a tiered charge may be made for this additional service, and that this service will be subject to availability. In addition to any previously agreed charges, if Partymix should arrive at the clients venue at any earlier, pre-arranged time, and are unable to access the venue to set up the equipment or are prevented from doing so by the venue management, then the client shall be charged standing time at the hourly rate discretion of Partymix which must be settled in full.
12.1 Partymix will not be liable for any refund, in part or whole, where ‘we’ are late accessing the venue and setting up purely because of earlier events over-running, or where ‘we’ are prevented from accessing, setting up or providing our professional services by the venue management. Neither will Partymix be obligated to provide an extension to the agreed timescale on a pro-rata basis in these circumstances.
12.2 Where the venue does not have its own parking facilities, Partymix reserves the right to pass on any additional parking fees for refund by the client. Please note: that in accordance with Health and Safety laws, Partymix will refuse to work at venues where illegal or hazardous parking is required in order to unload vehicle. This also applies to general health and safety concerns within the venue such as navigating cluttered or unlit stairways and exits.
12.3 The client is required to provide a covered area away from sun exposure, the area should be also fully covered from rain. In the event that the client does not provide an adequately covered area, the client will accept full responsibility for any damages that may be caused by rain, whether direct or indirect. Should any of our equipment be rained upon, we reserve the right to immediately discontinue service without any loss suffered to Partymix. The client agrees to pay for any repair or replacement of any damaged equipment caused due to rain.
12.4 Once our setup is complete and the client decides to change the setup, this will involve breaking down the current setup and re-setting up in the new location. The client agrees to pay the re-setup fee which is 20% of the quoted amount. The re-setup will involve 1 hour break down and 1 hour re-setup (total 2 hours) dependent on where the new location is. This time taken to re-setup equipment will take place during the Partymix service time or booked time and will not affect the ending times as agreed upon.
12.5 Should the client request early termination of services then the client will not be liable for a refund for the remainder of the time.
13 Where Partymix is engaged to work alongside a band, (or other entertainer) it is the client’s responsibility to ensure that adequate space exists within the venue for both entertainers to set up their equipment and that separate power outlets exist. See 8.1.
14 Where the event is being held in a marquee, the client will ensure that the work area is dry and that a minimum of 2x 13A power sockets are located within 15 Meters of this area. Please note: Bad Weather or impending bad weather on the day will not allow Partymix to commence entertainment out-doors under any circumstances. Partymix accepts no responsibility for damage to electrical equipment if caused as a result of working in inappropriate weather conditions.
(u) In signing the contract, I agree that I have read the Terms and Conditions of hire and acknowledge booking details contained herein are correct.
(v) E. & O.E
For: DIY Karaoke, Teen & Kids DIY Karaoke, Touch Screen Karaoke & Equipment without a DJ or Technician
The lessor is PM AUDIO VISUAL CC t/a Partymix Karaoke Hire.
The lessee is as described on the face of this agreement and is referred to as “The Hirer”. The hirer certifies that all the personal details supplied are true and correct.
The lessor lets to the hirer who hires from the lessor the equipment described on the face of this agreement on the terms set out on the face of this agreement and here under.
The equipment shall at all times remain the sole property of PM Audio Visual and is never sold.
On booking, the hirer shall pay to the lessor a non-refundable deposit indicated on the face of this agreement, which is part of the rental to secure the agreement.
The hirer shall pay to the lessor rental and incidental charges (sundry charges and collection or delivery charges as the case may be) indicated on the face of this agreement, prior to the hirer collecting the equipment or prior to the lessor delivering the equipment, as the case may be.
5 USE OF EQUIPMENT
The hirer acknowledges that the hirer is aware of the purpose for which the equipment was designed for and is aware of all safety procedures required by any lawful authority relating to the use of such equipment and further acknowledges that the equipment is used and operated solely by the hirer and that the effectiveness of what the hirer intended the equipment to be used for is entirely the hirers responsibility. Furthermore no responsibility will be taken for the failure or success of an event where the equipment is used. All planning and correct usage of the equipment is the hirer’s responsibility.
The hirer agrees that:
No children or other persons shall be allowed to operate the equipment. No Children above 12 years of age or Adults are allowed on equipment.
No foreign objects, to be placed on the equipment. The equipment shall not be erected or used near the vicinity of water.
No rechargeable batteries or batteries not approved by PM Audio Visual will be allowed in any radio microphones or other equipment.
No food or drink shall be consumed by the operator while using the equipment.
The hirer shall take care that access to any; cables or electrical connections are restricted.
The equipment shall be mounted on a flat surface, and out of the vicinity of dangerous objects.
The hirer shall provide for electrical equipment a 220volt 15amp dedicated power supply, protected by a working earth leakage system to power the unit.
All hire equipment, unit cables and electrical connections must remain dry at all times
The hirer shall under no circumstances attempt to repair, modify or alter any equipment, including units with a cable or electrical connection or any other equipment should it appear that these items are inoperative and in such an event the hirer shall contact the lessor for assistance.
The hirer shall only use the equipment at the address as it appears on the face of this agreement.
The hirer shall exercise due and proper care at all times of the equipment before returning to the lessor.
The hirer should, inform the lessor of any damage caused to the equipment on the day of collection.
Any damages caused to any of the equipment listed on the face of this agreement, shall be the full responsibility of the hirer to pay for all repairs or total replacement costs of the equipment hired.
6 OPERATING INSTUCTIONS
The hirer acknowledges that the lessor has fully explained the procedure to be adopted in erecting, operating and using the equipment and that the hirer knows and fully understands the procedures. No responsibility will be taken for the incorrect usage of the equipment, which could hamper the success of an event or function.
7 TIMEOUS RETURN
The hirer acknowledges that all equipment must be returned in a satisfactory condition by the time specified on the face of this agreement and that failure to return all equipment timeously will result in the lessor being unable to conclude rental agreements with other potential hirers for the lease period or periods (as the case may be) commencing after the time specified on the face of this agreement.
The hirer agrees to compensate and pay the lessor for any loss of business in the event of the equipment being returned after the specified time as well as if the equipment in a defective or damaged condition, by paying to the lessor an amount which would be recovered over the next lease period or further periods as the case may be.
The lessor reserves the right to recover the cost of all repairs to the equipment.
The lessor reserves the right to recover from the hirer, the full current replacement price of any equipment, which may be lost or stolen while in the hirers possession. Furthermore it is the hirer’s responsibility for the safe keeping and safety of the equipment while in their care.
The hirer shall use the equipment at the hirer’s own risk and shall at all times exercise constant supervision over the use of the equipment.
The hirer indemnifies the lessor and the lessor’s servants or against all claims of whatever nature by any person arising from the use of the equipment during the lease period.
If the hirer fails to comply with any terms of this agreement the lessor, shall not excluding the remedies which the lessor has in terms of clause 7 of this agreement, have the right to forthwith cancel this agreement and recover possession of the equipment without prejudice to any claim for damages which the lessor may have suffered by reason of the hirers breach of contract.
The hirer shall not sub-lease the equipment without the written consent of the lessor.
11 CONDITION OF THE EQUIPMENT
The hirer acknowledges that the equipment was inspected and that it is fit for the purpose for which it is let.
12 WHOLE AGREEMENT
This agreement constitutes the whole agreement between the parties and no representations, warranties or other terms of whatever nature not contained in this agreement have been made or agreed to.
No relaxation or indulgence granted by the lessor to the hirer shall in any way prejudice the lessor or be deemed to be a waiver of the lessor’s rights in terms or this agreement.
The parties consent to the jurisdiction of the Magistrate’s Court in respect of any legal proceedings arising out of this agreement.
15 LEGAL COSTS
The hirer agrees to pay the lessor’s costs on the scale as between attorney and client in the event of the lessor instituting action against the hirer as a consequence of the hirer’s breach of this agreement
16 ADDRESS FOR SERVICE OF NOTICES AND LEGAL PROCESS
The hirer selects the address appearing on the face of this agreement as the address at which all notices and legal process can be served.